A Jakarta court has ruled against the Bali Nine ring leaders appeal to challenge the decisiion to deny them clemency.
Denied ... Andrew Chan and fellow death row prisoner Myuran Sukumaran have been denied an appeal by an Indonesian court. Picture: Supplied Source: Supplied
ANDREW Chan and Myuran Sukumaran have lost their final chance at being spared execution, and Indonesia won't respect any fresh legal action for the Australians, the attorney-general says.
HM Prasetyo had vowed to wait for 10 death row prisoners to exhaust their legal options before setting a date for their mass execution.
The state administrative court on Monday rejected an appeal for the Bali Nine pair, upholding its earlier decision that presidential clemency isn't within its jurisdiction.
Lawyers for the men now plan to challenge the constitutional court to outline the president's obligations in clemency.
They argue the executions should be stayed pending the new action, to be filed this week.
But Mr Prasetyo says he won't wait for another court challenge.
"No, there shall be no more (delays)," he said after Monday's verdict.
"This is proof of their tendency to delay ... it's like toying with law." The attorney-general argued clemency was a matter of presidential prerogative only.
Last chance ... Indonesia says it won't respect any fresh legal actions for Bali Nine ringleaders Andrew Chan, left, and Myuran Sukumaran, right. Picture: AFP Source: AFP
"For me it's enough. It's finished. It's finished," he said.
The Australians' lawyers have argued that President Joko Widodo erred by rejecting their clemency on the basis they were drug offenders, without considering their rehabilitation.
Lawyer Leonard Arpan said their next move was planned in conjunction with human rights groups.
"After 10 years, this has been a successful rehabilitation program and it's very regretful if in the end, they must die," he told reporters after the verdict.
"It's our spirit to keep on fighting through any available avenues."
The federal government has also asked that new legal options be allowed to run their course.
Foreign Minister Julie Bishop said the government was disappointed by the court verdict.
"Both men have undergone extensive rehabilitation and I will continue to make representations to my counterpart, just as Australia will continue to use all diplomatic options to seek a stay of execution," Ms Bishop said in a statement.
"Again, the Australian government respectfully requests the president to review their pleas for clemency."
Grief ... Myuran Sukumaran pictured on the plane as he is transferred from Bali to Cilacap, Java, and then Nusakambangan. Picture: Supplied Source: Supplied
Sukumaran and Chan were sentenced to die in 2006 over their role in a plot to smuggle 8.6 kilograms of heroin from Bali into Australia.
As predicted, the Jakarta court yesterday ruled that it did not have jurisdiction to hear a challenge to the President's decision.
A panel of three judges handed down their verdicts for Chan, 31, and Sukumaran, 33, upholding their earlier decision that presidential clemency cannot be considered a state administrative matter.
Chan's brother Michael said late yesterday that the family was upset at the decision.
"All we can do really is take it day by day … there is not much else we can do," Mr Chan said. "It is what it is, there is not much we can do about it."
He said he understood from others who have been visiting his brother and Sukumaran in jail at the prison island of Nusakambangan, off the coast of Central Java, that they are holding up "relatively well" under the circumstances.
If this latest application had been approved, the lawyers planned to argue President Widodo did not fulfil his obligations when he issued a blanket rejection of clemency to the pair.
About 50 people had assembled to hear the verdict including a large contingent of Indonesian media.
Huge blow ... Bali Nine ringleaders Andrew Chan and Myuran Sukumaran are both awaiting execution for their role in 2005 drug bust. Picture: Supplied Source: Supplied
The same court in February rejected the Bali Nine pair's challenge, determining the decrees by President Widodo were not within its jurisdiction.
Peter Morissey SC, one of the men's Australian lawyers, said last night that the legal fight was not over and that an appeal to the Constitutional Court would now be lodged.
That move is a bid to have the President's decision to refuse Chan and Sukumaran's clemency examined and to get a ruling that each case should be considered individually.
"The plan is to go to the Constitutional Court and get them to hear this argument," Mr Morrissey said.
"The only argument we have to win is that the boys have never really got their game onto the park. They have never really had their rehabilitation considered."
Transfer ... Bali Nine ringleader Andrew Chan pictured on the tarmac at Cilacap airport — on his way to Nusakambangan Island. Picture: Supplied Source: Supplied
Mr Morrissey said that a UN Convention on civil and political rights, which Indonesia adopted in 2005, says that everyone is entitled to have their case considered individually.
The Australians would need to overcome a hurdle, that foreigners on their own may not have standing in the Constitutional Court, by having their case taken on and championed by Indonesian human rights groups.
Chan's brother and mother Helen are back in Australia now after spending weeks in Indonesia following the Bali Nine duo's original clemency pleas rejection.
Then in March, when the pair was dramatically moved to Nusakambangan Mrs Chan and Michael returned to visit him on the prison island, along with fiancee Feby.
He will decide soon whether he returns to visit his brother, perhaps next week.
Sukumaran's brother Chinthu is understood to be visiting his brother this week.
Stress ... Todung Mulya Lubis, lawyer for Andrew Chan and Myuran Sukumaran, during an interview in his office in Jakarta on Tuesday, March 10. Picture: Ardiles Rante Source: Supplied
Meanwhile, British band Mumford & Sons are the latest musicians to back an appeal to stop the execution of Bali Nine pair.
In a post on their Facebook page on Sunday, the band threw their support behind the Mercy Campaign, which is appealing for clemency for the pair, and urged others to sign a petition to save their lives.
The band said it was Dougy Mandagi, lead singer with Australian band The Temper Trap, who drew their attention to the plight of the two men as Mandagi himself is friends with Chan.
In the post, signed by the band's four members Marcus Mumford, Ben Lovett, Winston Marshall and Ted Dwane, they say they oppose capital punishment and spoke of the prisoners' rehabilitation.
"Since their imprisonment they have dedicated their lives to the betterment of themselves and the lives of those around them. They deserve to be in prison, but they do not deserve to die. Help us fight for them to go on living," the band members write.
Mumford & Sons join a long list of musicians and artists who have backed the appeal for clemency including Mandagi, Ben Quilty, Megan Washington and Jenny Morris.
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